[HISTORY: Adopted by the Board of Trustees of the Village of Waterford 4-1-1985
by L.L. No. 2-1985. Amendments noted where applicable.]
A.
Pursuant to the provisions of § 96-a of the
General Municipal Law, it is hereby declared that the protection, enhancement
and perpetuation of places, district sites, buildings, structures and other
objects having a special character or special historical or aesthetic interest
or value are a public purpose in the Village of Waterford, New York, and furthermore,
in accordance with the provisions of said § 96-a by which the Board
of Trustees is empowered to provide by regulations, special conditions and
restrictions for the protection, enhancement and perpetuation of private property
within public view, the purpose of this chapter is to:
(1)
Safeguard the heritage of the Village of Waterford by
preserving a district in the village which reflects elements of its cultural,
social, economic, political and architectural history;
(2)
Stabilize and improve property values;
(3)
Foster civic beauty;
(4)
Strengthen the local economy; and
(5)
Promote the use of the Historic District for the education,
pleasure and welfare of the citizens of the Village of Waterford.
B.
Pursuant to this purpose there shall be created in the
Village of Waterford a district known as the "Historic District."
The Historic District shall be the area shown and bounded as such on
the map titled "Waterford Village Historic District" as accepted and placed
upon the National Register of Historic Sites, as amended to date, bounded
and described as follows:
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Starting at the Hudson River, the southern boundary runs west along
the north side of South Street as far as Second Street, thence southwards
to meet the north side of the Barge Canal. It continues westwards to a point
just west of Numbers 7 and 9 Eighth Street. It then runs eastward to 7th Street,
south on Pine and north behind buildings on the west side of 6th Street to
meet the D & H Railroad tracks, east along the tracks to the Old Champlain
Canal and south along the canal to Division Street. The boundary proceeds
eastward along Division to the alleyway behind structures facing on Third
Street, north along the alley to State and east to the Hudson River. The east
boundary follows the west shore of the Hudson River to the point of origin
but excludes the block bounded by the river, Columbia Street, Second Street
and Hudson.
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The Historic District regulations as provided herein for said district
are intended to preserve and protect the historic or architecturally worthy
buildings, structures, sites, monuments, streetscapes, squares and neighborhoods
of the Historic District. In all zoning districts lying within the boundaries
of the Historic District, the regulations for both the zoning district and
the Historic District shall apply. Whenever there is conflict between the
regulations of the Zoning District and the regulations of the Historic District,
the more restrictive shall apply.
A.
No building or structure situate within the Historic
District shall be demolished, in whole or part, unless the owner thereof first
obtains a certificate of appropriateness therefor from the Zoning Board of
Appeals. Written application for such certificate shall be made to the Zoning
Board of Appeals and shall set forth such information concerning the structure
to be razed, including but not limited to its ownership, use and condition
and, in the case of rental property, its income and operating revenues and
expenses, in such form and detail, as the Board may reasonably require.
B.
The Board of Appeals may in appropriate cases endeavor
to develop with the owner an economically feasible plan for the preservation
of such structure.
C.
Unless the Board of Appeals is satisfied after public
hearing that the retention of such structure constitutes a hazard to public
safety, which hazard cannot be eliminated by reasonably economic means; or
that the structure has no historic, architectural or aesthetic interest or
value in and of itself and that its demolition would have no adverse impact
upon the integrity of the historic district nor any adverse impact upon any
adjoining or neighboring structures having themselves historic, architectural
or aesthetic interest or value; or that there is no present reasonable economic
use of the structure and no reasonable alternative economic use of the structure
possible, the Board of Appeals shall reject such application.
D.
In the absence of a change in such structure arising
from casualty, no new application for demolition shall be filed within one
year from such rejection.
A.
Any person or persons or corporation or corporations,
whether as owner, lessee, architect or builder, or the agents or employees
of any of them, who or which violates or is accessory to the violation of
any provision of this chapter or any regulation made under the authority conferred
by this chapter, or who or which shall demolish, in whole or part, any building
or structure without a certificate of appropriateness, shall be liable to
a fine not exceeding, in the case of any one violation, $250, and, in addition,
any such violation shall constitute a violation pursuant to the Penal Law.
Each week's continued violation shall constitute a separate offense.
B.
The Zoning Inspector, upon his becoming aware thereof,
shall serve notice of any violation of this chapter on the person or entity
committing or permitting the same. The affixing of a prominent written notice
of such violation upon the building or structure concerned shall be deemed
good and sufficient service of such notice, provided that a copy of the same
is mailed by certified mail to the owner of said building or structure, as
shown upon the latest assessment roll of the Village of Waterford, within
48 hours of the affixing of said notice.
C.
In addition to, and not in lieu of, the penalties imposed by Subsection A of this section, any person or persons or corporation or corporations, whether as owner, lessee, architects, builder or contractor, or the agents or employees of any of them, who or which violates or is accessory to the violation of any provision of this chapter or any regulation made under the authority confirmed by this chapter, or who or which shall demolish, in whole or part, any building or structure without a certificate of appropriateness, shall be jointly and severally required to restore the building or structure and its site to its appearance prior to the violation. Any action for an injunction to enforce this subsection shall be brought by the Village Attorney.
